On Students' Participation In Process Of Punishment In Colleges And Universities

As one way to maintain the normal order,build good campus environment and achieve the talent cultivation goal in colleges and universities,student punishment constitutes the important part of student management.It is a kind of concrete embodiment of college and university autonomy,as well as an administrative power,exerting a great influence on the right of students receiving education in colleges and universities.In the reality of university autonomy in China,schools hold considerable executive discretion power on disciplinary rules setting process,disposal process and choice of punishment relief mechanism.The right of students' participation in school management and judicial intervention in university autonomy are limited.As a result,unreasonable students' punishment rules,incomplete punishment procedures and unsmooth disposition of relief channel are widespread.Therefore disputes on student management often occurred,and the legitimacy of the punishment system is questioned.From the institutional level,the phenomenon is caused by various factors,such as the scope of autonomy of colleges and universities is relatively vague,legal basis for protecting students' rights is insufficient and the school management system has defects.In the reality of university autonomy,the tension and conflict between the autonomy of the school and the students' rights is inevitable.So it is important to regulate the autonomy of colleges and universities,to prevent and reduce the abuse of discretion in school management and to balance between school disciplinary power and students'right.The traditional mode of controlling the discretion of the universities can't meet the needs of the new situation of higher education development.A new theory and system model is put forward to control the abuse of discretion of the school,in which college students' participation is highlighted in the process of rule setting,punishment implementation and right relieving to safeguard the students' legitimate rights and interests.Students' participating in the sanctions attributes to scientific and democratic management of colleges and universities.It is the original content of managing schools by laws,as well as another way of legalizing student management in colleges and universities.It can not only protect the students' education right,but also directly reflect the students' principal position in higher education.It is proposed that students should be involved in the process of rulemaking,implementation of the students' punishment and right relief of the students.In the paper student participation is discussed from five aspects.It takes college students punishment system as the research object,by means of law and regulation interpretation,case studies,comparative charts,practice shows and literature review.The first part is the status analysis,in which student disposal regulations of 40 domestic colleges and universities and several typical cases of disputes are taken as samples.It reveals the punishment legalization questioning caused from loose punishment discretion and poor punishment relief and focuses on system reasons for insufficiency of traditional control mode of discretion.It serves as theoretical foundation for student participation proposed in below.The second part presents the theory of participation,including the general theory of participation,student participation in school management and participation in student discipline.It can be divided into three levels from general to specific,discussing student participation in the general affairs and the maintenance of rights in the punishment disposal.The discussion ultimately goes to legitimacy of students' participation in sanctions.The third part is the practical investigation.Successful practice of punishment participation from home and abroad and typical practice cases are explored,focusing on the constitution of 10 universities and "Student Participation Fact" Sheet and system analysis by 40 universities' punishment disposition rules.It concludes in insufficient participation in punishment for current college students.In the fourth part students' participation in the whole process of punishment is put forward.In the process of setting up the rules of punishment,the students should have the rights to make suggestions,express opinions and comments and explain the interest demands,etc.In process of the implementation of punishment,a neutral discipline committee should be established to conduct an independent investigation and a right judgment.Procedure participation right of students should be fully guaranteed,including the student' s right to know,state and argue.The right to be delivered should be guaranteed,too.In the process of disposing of relief program,the students should have both the right of appeal on Campus and also the right of administrative appeal.Students' rights to bring an administrative reconsideration should be protected.Their rights to participate in the judicial relief program should be expanded,and their right to seek the ADR mechanism to resolve disputes should be achieved.The last part is the conclusion,in which,the discussions are summarized and the topic for further study is presented.